Showing posts with label Government Regulation. Show all posts
Showing posts with label Government Regulation. Show all posts

Saturday, September 12, 2009

Why the Political Failure to Severely Regulate and Control Wall Street and the Banking System is Leading To Catastrophe

http://www.nytimes.com/2009/09/12/business/12change.html?_r=1&th=&emc=th&pagewanted=all

All,

The apocalyptic madness of U.S. capitalism not only continues on its feverishly destructive and suicidal path but the national political will to do anything to stop it is virtually nonexistent. This can only spell collective economic and societal doom for the majority of poor, working, and middle class communities in the very near future. The deadly combination of rising national unemployment (now in double digits) coupled with widespread stagnation, instability, and decline in the housing and healthcare markets, and a huge public educational system tottering on the edge of collapse can only mean that we are headed for a massive structural and institutional breakdown as a society. If as it now appears likely that ONLY the very wealthy will continue to profit by this utterly psychotic exploitation of human and material resources it is crystal clear where this insanity will inevitably lead--not merely in some far off melodramatic "future" but within the next all too real decade. We're not merely on the brink but seriously about to sink. The net result and consequences of our current voluntary and involuntary support of the gigantic slot machine and ponzi scheme called Wall Street promises to be horrific.

Kofi


September 12, 2009

A Year After a Cataclysm, Little Change on Wall St.
By ALEX BERENSON
New York Times

Wall Street lives on.

One year after the collapse of Lehman Brothers, the surprise is not how much has changed in the financial industry, but how little.

Backstopped by huge federal guarantees, the biggest banks have restructured only around the edges. Employment in the industry has fallen just 8 percent since last September. Only a handful of big hedge funds have closed. Pay is already returning to precrash levels, topped by the 30,000 employees of Goldman Sachs, who are on track to earn an average of $700,000 this year. Nor are major pay cuts likely, according to a report last week from J.P. Morgan Securities. Executives at most big banks have kept their jobs. Financial stocks have soared since their winter lows.

The Obama administration has proposed regulatory changes, but even their backers say they face a difficult road in Congress. For now, banks still sell and trade unregulated derivatives, despite their role in last fall’s chaos. Radical changes like pay caps or restrictions on bank size face overwhelming resistance. Even minor changes, like requiring banks to disclose more about the derivatives they own, are far from certain.

Coming on the same weekend as the 11th-hour bailout of the giant insurer American International Group, and the sale of Merrill Lynch, Lehman’s failure was the climax of a cataclysmic weekend in the financial industry. In the days that followed, nearly everyone seemed to agree that Wall Street was due for fundamental change. Its “heads I win, tails I’m bailed out” model could not continue. Its eight-figure paydays would end.

In fact, though, regulators and lawmakers have spent most of the last year trying to save the financial industry, rather than transform it. In the short run, their efforts have succeeded. Citigroup and other wounded banks have avoided bankruptcy, and the economy has sidestepped a depression. But the same investors and economists who predicted, and in some cases profited from, the collapse last fall say the rescue has come at an extraordinary cost. They warn that if the industry’s systemic risks are not addressed, they could cause an even bigger crisis — in years, not decades. Next time, they say, the credit of the United States government may be at risk.

Simon Johnson, a professor at the Sloan School of Management at the Massachusetts Institute of Technology and former chief economist of the International Monetary Fund, said that the seeds of another collapse had already sprouted. If major banks are allowed to keep making bets that are ultimately backed by taxpayer guarantees, they will return to the practices that led them to underwrite trillions of dollars in bad loans, Professor Johnson said.

“They will run up big risks, they will fail again, they will hit us for a big check,” he predicted.

The doomsday view is far from universal.

Wall Street executives say the Lehman bankruptcy opened their eyes to the fragility of their institutions. They note that they have pulled back on risk and reduced leverage, creating a bigger cushion against losses. And they say that regulators were right to support the financial industry over the last year, rather than imposing new rules or allowing weak banks to collapse.

“There is less leverage in the entire financial system,” said David A. Viniar, Goldman’s chief financial officer. At Goldman, $1 in capital now supports about $14 in loans and investments, compared with $24 a year ago.

But even some senior Wall Street executives acknowledge the lack of change surprises them, given how poorly the industry performed last fall and the degree of government support necessary to keep it from collapsing.

“There was a general feeling that an enormous amount of additional regulation should be put in place to prevent what happened that weekend from happening again,” said Byron Wien, vice chairman of Blackstone Advisory Services and the former chief investment strategist for Morgan Stanley and Pequot Capital. “So far, we haven’t seen a lot of action.”

Robert J. Shiller, the Yale University economics professor who predicted the dot-com crash and the housing bust, said the window for change may be closing. “People will accept change at a time of crisis, but we haven’t managed to do much, and maybe complacency is coming back,” Professor Shiller said. “We seem to be losing momentum.”

Kenneth C. Griffin, founder and chief executive of the Citadel Investment Group, a Chicago-based hedge fund that manages $13 billion, said that regulators and lawmakers needed to impose rules so failing banks could be shut, rather than allowed to operate indefinitely with taxpayer support.

“We’ve taken a lot of steps for the worse, and not for the better, in terms of the structural underpinnings of our capital markets,” Mr. Griffin said. “We have to change the rules and correct the fundamental flaws in the financial system.”

To be sure, Wall Street is not exactly as it was before the cataclysm of last year.

Then, a dozen or so big banks formed the top tier. Now Goldman Sachs and JPMorgan Chase are clearly the strongest, with Morgan Stanley struggling to compete. Bank of America and Citigroup are the weakest big banks, heavily reliant on government guarantees to survive.

“We have more separation between the healthiest and the least healthy of the big banks,” said Darrell Duffie, a finance professor at Stanford University.

Banks have collectively raised hundreds of billions in new capital to help cushion losses on bad loans and are taking a more prudent approach to lending and underwriting. The worst excesses of 2006 and 2007, when banks lent hundreds of billions of dollars against all kinds of real estate at terms that even at the time seemed absurd, have ended.

But those changes are not unexpected. Banks typically raise lending standards during recessions. And even if they wanted to keep up underwriting, they would not find much of a market. Many pension and hedge funds have suffered huge losses on mortgage-backed bonds and are hardly rushing to buy more.

Critics of the industry argue that the pullback in risk will be only temporary without deep regulatory changes. Nassim Nicholas Taleb, a statistician, trader, and author, has argued for years that financial firms chronically underestimate their risks and must be managed much more cautiously. Universa Investments, a $5 billion fund in which he is a principal, made more than 100 percent profit last year betting on the possibility of a collapse.

Mr. Taleb warns that the system has grown riskier since last fall. The extensive government support that began after Lehman collapsed will lead investors to assume that governments will always prevent major banks from collapsing, he said.

So investors will lend money to the financial industry on easy terms. In turn, financial institutions will use that cheap money to make risky loans and trades. The banks will keep the profits when their bets pay off, while taxpayers will swallow the losses when the bets go bad and threaten the system.

Economists call the phenomenon moral hazard. Bankers have a different term: I.B.G. The phrase implies that by the time a deal goes sour, “I’ll be gone,” after having received a sizable bonus.

Despite the predictions last year about pay cuts, those bonuses appear secure. Kian Abouhossein, an analyst at J.P. Morgan in London, predicted this week that eight major American and European banks would pay the 141,000 employees in their investment banking units $77 billion in 2011 — about $543,000 per worker, not far from the 2007 peak — even after minor regulatory changes are adopted.

Because the rewards are so rich, the banks will not change unless regulators and lawmakers force them, Mr. Taleb said.

“I don’t know anyone on Wall Street who goes to work every day thinking of anything but how to increase their bonus,” he said.

To prevent a replay of last year’s crisis, investors in financial institutions, especially bondholders, must believe that they will lose money if banks fail, said Sheila C. Bair, the chairwoman of the Federal Deposit Insurance Corporation. “You need to send that very strong, clear signal to restore market discipline,” Ms. Bair said.

But legislation that would allow regulators to close giant institutions in an orderly fashion has been stalled for months. So too have efforts to create a systemic regulator that would focus on the broader risk that might occur from the ripple effects caused by the failure of one major bank.

Another proposed change would require banks to list and trade derivatives through a central clearinghouse, just as stocks and options are traded through exchanges, but it has yet to go anywhere.

The term derivatives encompasses a variety of financial products, including contracts whose value changes as interest rates move and insurance that pays off if a bond defaults. Derivatives drove the boom before 2008 by encouraging banks to make loans without adequate reserves. They also worsened the panic last fall because they inherently tie institutions together. Investors worried that the collapse of one bank would lead to big losses at others.

Requiring that derivatives be traded openly sounds like a relatively small change, but it could have important effects.

Exchange trading would open pricing for derivatives, so banks could not hide money-losing positions. Banks would have to put up money as positions moved against them, since the exchanges would seize and sell derivatives that were not backed by adequate margin. That move would help avoid the situation A.I.G. faced last year, after it wrote hundreds of billions of dollars of credit insurance and had no money to make good on its promises when the bonds defaulted. But critics say that even the proposed changes would not go far enough, because they would exempt some complex derivatives from exchange trading or clearing. Moreover, some banks oppose opening derivatives trading, because it would cut their profits by making pricing more visible and as a consequence competitive. For now, legislation to force derivatives trading onto exchanges has stalled, and banks are still writing contracts with limited regulatory oversight.

“The off-exchange derivatives market is still the Wild West,” Ms. Bair said.


Copyright 2009 The New York Times Company



Tuesday, March 10, 2009

The Struggle for Nationalization and Regulation of the U.S. Banking System

http://www.salon.com/news/feature/2009/03/10/banks/

All,

Let us all fervently hope for our collective sake that the banks are eventually fully nationalized and regulated by the government. It's not only desperately needed but it would come not a minute too soon given the sheer depth and breadth of the current massive economic crisis which under any circumstances can only get much worse before it gets better--which is all the more reason why the Obama administration must have (or find) the ideological independence and political courage to make a serious and widespread governmental intervention in the banking system and general financial markets. In the meantime however it continues to be a major mistake for Obama to have defensively saddled himself with the tepid/"moderate" economic team of Timothy Geithner and Laurence Summers just because Barack fears the inevitable Republican righwing backlash rhetoric that he is a "socialist." After all, while it is blatantly obvious to anyone who knows anything at all about what socialism actually is or means that Obama isn't one, the real issue--as the following article makes clear--is whether the government is now seriously going to protect, advocate, and defend the general economic and political interests of the masses of poor, working class, and middle class citizens instead of the banks, corporations, and Wall Street...The ball is entirely in the President's court at this point because we all know exactly where the Republican right stands--and it ain't even remotely with the masses of the American people...

Kofi


Here Comes Socialism
Salon News

Some kind of bank nationalization is probably inevitable. The Democrats don't want to admit it yet. The Republicans just want you to be scared.

March 10, 2009 | WASHINGTON -- Until the U.S. economy fell to pieces last fall, the phrase "nationalize the banks" usually conjured up, in the popular imagination, scenes of the early days of a revolution in some far-off land (if it conjured up anything at all). Government takeovers of entire financial systems were something newspapers buried deep inside the foreign news section for the truly diligent readers, complete with sad little photos of mobs gathering outside banks to get their last withdrawals.

Which is why you may feel a little disoriented if you've turned on a TV or flipped through conservative opinion columns lately. All of a sudden, nationalization seems to have come home. These days, a federal takeover of the banking system is practically the only thing Republicans want to talk about. If South Carolina Sen. Jim DeMint isn't declaring that even temporary nationalization of banks is "the same idea as socialization," then his colleague from the same state, John McCain sidekick Lindsey Graham, is telling NBC's "Meet the Press" that Obama needs to consider the idea. Even Alan Greenspan is part of the conversation. The Ayn Rand disciple whose every public utterance for most of his life has been devoted to extolling the virtues of the free market is suddenly pushing nationalization.


Of course, even though the federal government now owns 36 percent of Citigroup, and Citigroup and other massive banks are teetering on the edge of insolvency, the Obama administration swears there's no plan for a government takeover. "This is a very complex set of problems, and bad decisions can result in huge taxpayer expenditures and poor results," President Obama told the New York Times on Friday, bringing up -- and then shooting down -- the idea that bank nationalization would save the financial sector. Treasury Secretary Tim Geithner told PBS's Jim Lehrer last week that nationalization is "the wrong strategy."

Yes, some liberal commentators, like Paul Krugman, are pushing the administration to take more control of big banks as a way of clearing bad home loans and related financial detritus out of the system. But much of the conservative chatter seems aimed at freaking people out about creeping socialism, rather than solving the banking crisis. As one Democratic aide on Capitol Hill put it, "The only people talking about nationalization are Republicans -- this is crazy to me, that they have traded their entire ideology within six weeks." Another aide likened the GOP buzz about bank nationalization to the "Joe the Plumber" phase of McCain's campaign -- talking about a federal takeover of banks is like screaming that Obama wanted to "spread the wealth" around. And, as if on cue, conservative firebrand Michelle Malkin called Obama a socialist on Monday, referring back to the McCain campaign's old language about "Barack the Redistributor."

Chances are, of course, that some of the country's biggest banks will fail the "stress tests" the Treasury Department plans to administer soon -- and will effectively prove insolvent, forcing the issue. (Geithner was set to meet with House Democrats Monday night to explain the tests.) The problem with the GOP talking points is that the scenario DeMint sketched out -- government bureaucrats running banks, deciding who gets loans and who doesn't -- isn't what anyone is contemplating. Instead, any nationalization is likely to be brief, narrow and aimed at saving any assets worth saving from banks that would otherwise go under. (Which isn't that different from what the U.S. already does with failed banks.) But to Republicans, the details seem beside the point. "Nationalization" is just another way to make voters fear Obama's stewardship of the economy.


Whether that scare strategy works politically is hard to gauge. But what Republicans apparently believe will work economically would probably frighten even more people. Instead of nationalizing banks, they want to let them fail. "I think that [the Obama administration has] got to close some big banks. They don't want to do it," Sen. Richard Shelby, R-Ala., the highest-ranking Republican on the Senate Banking Committee, told ABC's "This Week With George Stephanopoulos" on Sunday. "I don't want to nationalize them. I think we need to close them." If the debate comes down to simply watching banks go under or letting the government sell off any valuable assets they've still got on the books, nationalization may not seem like such a bad idea.
For now, pollsters say the public isn't paying enough attention to the debate over the financial system to have strong feelings about any one proposal or another. "People are more concerned about losing their jobs, losing their house, the change of living standards that they're facing," said Democratic pollster Harrison Hickman. "From a consumer point of view, I don't think it matters, and they're way too caught up in their own situation to be fixated on those sort of mega-questions." As for calling Obama a socialist, that may not be working, either. " If you did a poll and asked people, 'Here are terms, and see if you think they are an accurate description of Barack Obama,' I bet there are 10 times as many people who say 'Muslim' as say 'socialist,'" Hickman said. "It's sort of like calling somebody a carpetbagger, a scalawag -- it's sort of a word that is devoid of meaning for most people, especially anybody who actually voted for Obama."

What people are most irritated about is the money the banks have already gotten from the government, not what might happen to them under government control. A Newsweek poll last week found 56 percent of voters would rather have the government take over failing banks than just hand over more tax dollars, and 62 percent think the government has already done too much to help banks. The hostility most voters have to helping the banks could make it hard to do anything more no matter how it's spun. Democrats and Republicans alike say there's no way Congress will give the White House more cash to bail out banks without some sign that the $700 billion already authorized has done some good. And as anyone tracking the stock market knows, finding some good news in the financial system these days might be even harder to do than leading a government takeover of all the nation's banks.